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(영문) 울산지방법원 2015.12.11 2015고단2115

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 19, 2013, the Defendant was sentenced to one year of imprisonment for fraud and two years of suspended execution at the Ulsan District Court on February 27, 2013, and the above judgment was finalized on February 27, 2013. On February 6, 2015, the previous District Court sentenced one year of imprisonment for fraud and two years of suspended execution, which became final and conclusive on February 14, 2015.

On January 20, 2008, the Defendant made a false statement to the victim E that the construction work on the F site of Ulsan-gun, Ulsan-gun, Inc., the Defendant operated by the Defendant in Ulsan-gu, Ulsan-gu, Seoul-do, would operate the said apartment site cafeteria at the down payment.

However, the defendant did not have a specific agreement on the right to operate the restaurant, which is a public corporation of the apartment complex, and the defendant did not have the ability to operate the restaurant.

On January 30, 2008, the Defendant, by deceiving the victim, received 20 million won from the victim to the agricultural bank account in the name of the Defendant’s wife G on January 30, 2008, and fraudulently acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the police interrogation of the accused (including E statements);

1. Statement of the police statement of E;

1. A complaint, a certified copy, a detailed statement of transactions, a real estate consulting service contract, and a letter of intent to participate in the construction;

1. Previous records of judgment: Application of criminal records, inquiry reports (report attached to the previous records, written judgments and written decisions of non-prosecutions, and confirmation of criminal records of the same kind of case);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] general fraud (less than KRW 100 million) is mitigated (one month to one year), the area of mitigation (special mitigation) (one month to one year), or the case where considerable damage has been recovered (the decision of sentence] the defendant is against the defendant's awareness of committing a crime.